無過失医療事故補償制度の倫理的根拠について
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概要
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Shouldn't the seriously wounded and the victims of medical accidents be supported, compensated and assisted by their own governments, even if the accidents are not found to be by any fault of medical staffs? In other words, can a no-fault system for patient injury compensation be ethically justified? Indeed, according to the principles of American bioethics, it is impossible because the basic principles are totally individualistic. In Japan, such victims are obliged to recover damages through their own actions or with volunteer's assistance, if available. Only if the economic hardship leads to poverty would the government provide minimal economic assistance. Presently, more and more such victims, however, are claiming indemnity against damages from non-fault medical accidents, even if they can maintain economic independence. They question why they have to suffer from accidents in which they have no fault. Only European bioethics principles can answer this question positively: the principle of vulnerability of human beings demands social solidarity. Some European nations have recently begun to found no-fault systems for patient injury compensation based on this principle, although their systems are not yet sufficient. In order to improve such systems, here I analyze the principle of vulnerability in relation to the most radical principle of human dignity in order to identify aspects of the European no-fault systems for patient injury compensation that can be applied to a future system in Japan.
- 埼玉学園大学の論文